chartered, and existing under and by virtue of the laws of the State of Kansas, having its principal office at the city of Topeka, in the State of Kansas; that the Missouri Pacific Railway Company is a corporation created, chartered, and existing under and by virtue of the laws of the States of Kansas, Nebraska, and Missouri, having its principal office at the city of St. Louis, in the State of Missouri; that the St. Louis and San Francisco Railway Company is a corporation created, chartered and existing under and by virtue of the laws of the State of Missouri, having its principal office at the city of St. Louis, in the State of Missouri; and the said railroad corporations except the said Southern California Railroad Company were at the time of the committing of the grievances hereinafter specially mentioned, and all said railroad corporations still are common carriers engaged in the transportation of persons and property by their railroads extending through several of the United States under a common control, management or arrangement for a continuous carriage, and particularly were they then engaged in such business from the Missouri River, St. Louis, in the State of Missouri; Chicago, in the State of Illinois; Cincinnati, in the State of Ohio; Detroit, in the State of Michigan, and New York, in the State of New York, to Los Angeles, in the State of California, and passing through the railroad station of San Bernardino, and as such carriers were during all the time aforesaid and still are subject to all the various provisions of the said act entitled "An act to regulate commerce," and the said amendments thereto.

That the said defendants were heretofore, to wit, on the 22d day of May, 1889, duly impleaded in a controversy not requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, before the said Interstate Commerce Commission upon a petition of the San Bernardino Board of Trade, a corporation created, chartered, and existing under and by virtue of the laws of the State of California, for the alleged violation on the part of the said defendants of the provisions of the said act entitled "An act to regulate commerce," as at large and more fully appears by the said petition on file in the office of the said Commission, and a copy whereof is hereunto annexed and made a part of this petition, the same being marked Exhibit A. That thereafterwards, to wit, on the 7th day of June, 1889, said St. Louis and San Francisco Railway Company filed its answer to the above-mentioned petition of the said San Bernardino Board of Trade as at large and more fully appears in and by said answer on file in the office of the said Commission, a copy whereof is hereunto annexed as part of this petition, the same being marked Exhibit B, and on the 12th day of June, 1889, the Chicago, Kansas and Nebraska Railway Company filed its answer to the above-mentioned petition of the said San Bernardino Board of Trade, as at large and more fully appears in and by said answer on file in the office of the said Commission, a copy whereof is hereunto annexed as part of this petition, the same being marked Exhibit C.

And on the 24th day of June the Atchison, Topeka and Santa Fé Railroad Company, the Atlantic and Pacific Railroad Company, the California Central Railway Company, and the California Southern Railroad Company filed their joint answer to the above-mentioned petition of the said San Bernardino Board of Trade as at large and more fully appears in and by said answer on file in the office of the said Commission, a copy whereof is hereunto annexed as part of this petition, the same being marked Exhibit D.

And on the 25th day of June, 1889, the Missouri Pacific Railway Com

pany filed its answer to the above-mentioned petition of the said San Bernardino Board of Trade, as at large and more fully appears in and by said answer on file in the office of the said Commission, a copy whereof is hereunto annexed as part of this petition, the same being marked Exhibit E.

And on the 12th day of June, 1889, the Burlington and Missouri River Railroad Company of Nebraska filed its demurrer to the above-mentioned petition of the said San Bernardino Board of Trade, as at large and more fully appears in and by said demurrer on file in the office of the said Commission, a copy whereof is hereunto annexed as part of this petition, the same being marked Exhibit F.

That thereafterwards, the said cause being at issue upon the pleadings aforesaid, the said cause duly came on for investigation and hearing before the said Interstate Commerce Commission, duly and legally assembled for that purpose at the city of Washington, in the District of Columbia, on the 4th day of December, 1889, when the said complainant, the San Bernardino Board of Trade, as well as the said defendants, the Atchison, Topeka and Santa Fé Railroad Company; the Atlantic and Pacific Railroad Company; the Burlington and Missouri River Railroad Company; the California Central Railway Company; the California Southern Railroad Company; the Chicago, Kansas and Nebraska Railway Company; the Missouri Pacific Railway Company; the St. Louis and San Francisco Railway Company; and the Southern California Railroad Company, duly appeared by their respective officers and attorneys, and thereupon the said cause proceeded to hearing and determination.

That at the said hearing it was made to appear to the satisfaction of the said Commission that the said defendants had violated the provisions of the said act entitled "An act to regulate commerce," as it was stated to have been violated by them in the said petition herein before referred to as a part hereof, and thereupon said Commission duly and legally determined the matters and things in controversy and at issue between the said parties, and made a report in writing in respect thereto, which included the findings of fact upon which the conclusions of said Commission were based, as at large and more fully appears in and by the report of the determination of the said Commission in regard thereto on file in the office of the said Commission, a copy whereof is hereunto annexed and made a part of this petition, the same being marked Exhibit G.

That thereafterwards and forthwith, upon the determination of the said cause as aforesaid, the said Commission duly formulated an order and notice in relation to the matters and things stated and charged in the said petition based upon the findings and determination of the said Commission with respect thereto, agreeably to the requirements of the statute in such case made and provided, which said order now remains in full force and effect, never having been vacated, set aside, altered, modified, or changed in any respect whatever, and is now on file in the office of the said Commission, a copy whereof is hereunto annexed and made a part of this petition, the same being marked Exhibit H.

That thereafterwards, to wit, on the 12th day of August, 1890, the said Commission, agreeable to the provisions of the law in that regard, duly caused a properly authenticated copy of its said report in respect thereto as aforesaid, together with the order and notice aforesaid, to be delivered to the said defendants.

And thereupon the petition shows that it has not been made to appear to the said Commission that the said defendants have ceased and de

sisted from the violations of law set forth in the said report and order of the said Commission, but on the contrary thereof the said defendants, unmindful of their duty in that regard and of the decision and determination of the said Commission, as stated in its report as aforesaid, have through their officers, servants, and attorneys wholly disregarded and set at naught the authority and order of the said Commission in that regard, and have willfully and knowingly violated and disobeyed the said order, and have from the time of the issuance and service of the said order and notice as hereinbefore set forth hitherto wholly neglected and refused, and still do neglect and refuse, to comply with the same, in this that the said defendants did not discontinue the greater charges to San Bernardino than to Los Angeles, which were in and by the said order of the said Commission declared unlawful, but have since continued to charge, collect, and receive from shippers and consignees freight rates in excess of the legal rate by the said order prescribed; and the petitioner attaches hereto a petition addressed to it by the said San Bernardino Board of Trade together with accompanying affidavits setting forth the particulars in which the defendants have failed to comply with the said order and report of the said Commission, the same being marked Exhibit I, which is attached hereto as part hereof. Wherefore the petitioner prays

1. That a subpoena or other suitable process may issue according to the course of equity, requiring the said Atchison, Topeka and Santa Fé Railroad Company, the said Atlantic and Pacific Railroad Company, the said Burlington and Missouri River Railroad Company, the said California Central Railway Company, the said California Southern Railroad Company, the said Southern California Railroad Company, the said Chicago, Kansas and Nebraska Railway Company, the said Missouri Pacific Railway Company, and the said St. Louis and San Francisco Railway Company to appear at such time and places as this honorable court may determine, then and there to make full, complete, and perfect answers to all the matters and things hereinabove stated and charged as fully and particularly as if the said companies were distinctly and specially interrogated in regard thereto, said answers to be verified by oath.

2. That upon the filing of this petition an order may be passed by this honorable court directing the method of service of notice of the pendency of this proceeding.

3. That such order or orders may be passed pending the cause as will secure a speedy hearing and determination of the matters and things stated and charged in the foregoing petition.

4. That such order or orders may be passed pending the cause as may be necessary for the prosecution of all such inquiries as the court may think needful to enable it to form a just judgment of the matters and things stated and charged in the foregoing petition.

5. That an order may be entered pending the cause granting to the petitioner a writ of injunction or other proper process, mandatory, or otherwise, to restrain the said defendants, their officers, servants, and attorneys from further continuing in their violations of and disobedience to the said order of the said Commission, and that upon final hearing, such injunction may be made perpetual.

6. That a decree may be entered, if it shall seem meet to this honorable court, requiring the said defendants to pay such sum of money, not exceeding the sum of $500 for every day after a day to be named in said decree that they shall fail to obey the said injunction or other proper process,

7. For such other and further relief in the premises as to the court may seem meet and the equities of the petitioner's cause may require. THE INTERSTATE COMMERCE COMMISSION,

[L. S.]

By EDW. A. MOSELEY,

The Secretary thereof, thereunto duly authorized.

IN THE CIRCUIT COURT OF THE UNITED STATES, FOR THE SOUTHERN DISTRICT OF CALIFORNIA.

In equity-No. 283.

THE INTERSTATE COMMERCE COMMISSION, vs. THE ATCHISON, Topeka and Santa Fé Railroad Company, The Atlantic and Pacific Railroad Company, The Burlington and Missouri River Railroad Company, The California Central Railway Company, The California Southern Railroad Company, The Chicago, Kansas and Nebraska Railway Company, The Missouri Pacific Railway Company, The St. Louis and San Francisco Railway Company, The Southern California Railway Company.

The answer of the Atchison, Topeka and Santa Fé Railroad Company, The Atlantic and Pacific Railroad Company, The Burlington and Missouri River Railroad Company, The California Central Railroad Company, The California Southern Railroad Company, The Missouri Pacific Railway Company, and The Southern California Railway Company, to the bill of complaint or petition of the Interstate Commerce Commission.

These defendants now, and at all times hereafter, saving and reserving unto themselves all benefit and advantage of exception which can or may be had or taken to the many errors, uncertainties, and other imperfections of the said complainant's said bill of complaint or petition, for answer thereto, or unto so much or such parts thereof as these defendants are advised is or are material or necessary for them to make answer unto, these defendants for answer, say:

I.

In so far as the statements made in the petition by complainants as to the corporate existence of these various companies and the location of their principal places of business the same are hereby submitted.

II.

As to the consolidation of the California Southern Railroad Company and the California Central Railway Company, forming the defendant, the Southern California Railway Company, at the time therein stated, the same is hereby admitted, and in addition to said admission defendants allege that of the corporations consolidated into the Southern California Railway Company, and in addition to the two corporations already named, to wit, the California Southern Railroad Company and the California Central Railway Company, the Redondo Beach Railway Company, being a corporation at that time duly incorporated under the laws of the State of California, and having its principal place of business in

the city of Los Angeles, county of Los Angeles, and State of California, was duly consolidated with said two companies aforesaid under the name and style of Southern California Railway Company; that said Redondo Beach Railway Company, at the time of said consolidation owned and operated a line of road running from the city of Los Angeles and connecting with the said California Central Railway Company in said city of Los Angeles, westerly to Redondo Beach, a point immediately upon the shore of the Pacific Ocean, and that the same is now a part of the Southern California Railway Company, owned and operated by it over the last line aforesaid.

III.

Defendants further admit, that all of said railroad corporations, except the said Southern California Railway Company and its component corporations, were, at the time in said petition mentioned and still are common carriers engaged in the transportation of persons and property by their railroads extending through several of the United States, under a common control, management or arrangement for a continuous carriage, and particularly that they were then engaged in such business from the Missouri River-St. Louis, in the State of Missouri; Chicago, in the State of Illinois; Cincinnati, in the State of Ohio; Detroit, in the State of Michigan, and the city of New York, in the State of New Yorkto Barstow, in the county of San Bernardino and State of California; but these defendants expressly deny that they are interstate commerce carriers between said station of Barstow and Los Angeles, or through said station of San Bernardino, but on the contrary they affirm and allege that each of said railroad corporations above named carry only from the points east above named to the said station of Barstow, on the line to San Bernardino and Los Angeles, where all goods and merchandise shipped and handled by them as common carriers are turned over and delivered to the Southern California Railway Company.

That said Southern California Railway Company is a corporation duly organized and existing under the laws of the State of California. having its principal place of business in the city of Los Angeles, and neither owns nor operates any line of railroad outside of the State of California, but is wholly within said State, and subject to its jurisdiction. And defendants admit that all of the defendants herein above appearing, except the Southern California Railway Company and its component companies, the defendants California Central Railway Company and the California Southern Railroad Company, are and were during all of the times in said bill or petition named, carriers subject to the various provisions of an act of Congress entitled "An act to regulate commerce," and amendments thereto; but as, to said Southern California Railway Company and its component companies aforesaid, defendants expressly deny that the same was or is subject to the provisions of said act, or any portion thereof, and defendants expressly allege that the same is a local company doing business only as common carrier in the State of California.

IV.

Defendants admit that said defendants other than the Southern California Railway Company were heretofore, to wit, on the 22d day of May, 1889, duly impleaded in a controversy not requiring a trial by jury, before the said Interstate Commerce Commission, upon a petition of the San